Indeed magistrates are bullies

| Thursday February 6, 2014 15:57

He expressed concern that magistrates have a tendency of issuing arrest warrants willy nilly against witnesses, accused persons, and even defence lawyers. 

We have also noted as Lecha pointed out, that magistrates often make a late appearence when  presiding over cases.  Court proceedings are normally delayed by an hour or even more, with the litigants, attorneys and the public left in the dark about what is going on.

It is shocking to hear these revelations from a legal practitioner.  We wonder what first time visitors to courts go through, particularly accused persons who have no legal representation.

We have witnessed court clerks using very intimidating language towards accused persons, in some instances, even mocking them.

They tend to disregard the fact that once brought before the  courts; the accused may be struck by terror that can drive them into uttering statements that may even incriminate them.

We hope that the Chief Justice will take the matter further and restore sanity to our courts, which are the last resort for any individual or organisation seeking redress over a wrong perpetreted against them, whatever the circumstances.

We appreciate the excitement that comes with the appointment to such a powerful position, particularly to these young magistrates, but such behaviour is not the way towards making a name for  yourself. This is not the way towards achieving respectability by the community, rather professinalism on their part is called for.  We trust that the Chief Justice will rein in these juniors and show them the right direction.

As a parting shot to the legal practitioners, and LSB in particular, take heed that some defence lawyers are as guilty as the intimidating magistrates.

We have witnessed situations where accused persons are subjected to verbal assaults because of their lawyers’ failure to attend court proceedings as scheduled. These defence attorneys do not even bother to inform their client or the court of their whereabouts. In many instances, the courts end up having to order a continuation of trial without the defence attorney after countless delays. 

The unexplained absence of lawyers does not only cost the judiciary time and money; it also adversely affects the accused persons, their victims and the entire society.  We hope all stakeholders will come together, and address these concerns  as we approach 2016, hopefully as a nation that respects justice and the rule of law.

                                                                                  Today’s thought

                                                           'Injustice anywhere is a threat to justice everywhere.'

 

                                                                              - Martin Luther King, Jr.